Michigan must give the DEA records that were supposed to be confidential in federal medical marijuana probe

A federal magistrate judge in Grand Rapids says the state of Michigan must comply with a federal subpoena to turn over information about the medical marijuana records of six people in the Lansing area. The Department of Community Health had refused to comply with a subpoena from Drug Enforcement Administration (DEA) agents without a court order. The subpoena seeks copies of patient and caregiver registration cards, or the applications, for seven people.

Michigan’s refusal to provide the records was based upon the confidentiality provision of Michigan’s medical marijuana law. U.S. District Magistrate Judge Hugh Brenneman Jr. said the state law allowing medical use has no impact on federal laws that criminalize the use of marijuana. He further stated, “while the Michigan Legislature declared its intent not to penalize the medical use of marijuana under state law, it had to acknowledge its action did not alter the existing federal prohibition against marijuana: Although federal law currently prohibits any use of marijuana except under very limited circumstances, states are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law.” He added: “The use of marijuana remains a federal felony.”

Michigan Association of Compassion Clubs, Cannabis Patients United and Americans for Safe Access argued that the state would violate privacy rights of medical marijuana patients by complying with the order.

The DEA claims it’s not harassing legitimate medical marijuana users. Brenneman says only the truly naive would believe that the MMMA would not be used as a cover for the illicit use of pot.

President Obama’s administration has said it won’t target those legally using medical marijuana. I suggest he contact the DEA and let them know because apparently, they missed the memo. These medical marijuana patients are going to need a great, experienced medical marijuana attorney.